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matter of the suit. (3) Jurisdiction of the Courts. All the three
necessary limbs requisite for application of section 11 of Code of
Civil Procedure are found to exist in the case and the facts
partaining to them were available in the trial Court either in the
form of pleadings or in the form of various documents available
on record with the trial Court itself. If the facts requisite for
applicabelity of the section 11 of Code of Civil Procedure are
available on record, application of principles of res judicata can
very well be considered by the trial Court even before filing of the
written statement. Any contrary view may defeat the object and
purpose of section 11 of Code of Civil Procedure which has been
enacted to avoid frivolous repeated letigation between the
common parties (or parties litigating under them).